Long-Term Disability Lawyers in Atlantic Canada

A long-term disability denial is a breach of contract by the insurer, and the remedy is a lawsuit on the policy. The limitation period can run from the denial letter, and the insurer’s internal appeal, which its letter invites, may not stop it. A long-term disability lawyer at this firm sues in all four Atlantic provinces, and the page for yours is below.

What a Long-Term Disability Lawyer Sues For

Most group policies pay for two years if you cannot do your own job. After that they pay only if you cannot do any job suited to you by education, training and experience. That change of definition at twenty-four months is where most terminations happen. The insurer’s vocational report says there are jobs you could do. We answer it with a vocational opinion built on the real labour market.

Insurers deny chronic pain, fibromyalgia, concussion and mental health claims for “lack of objective findings”. The treating specialists’ evidence answers that. A diagnosis without imaging is still a diagnosis. Surveillance of a good day is answered with the record of the bad ones. The lawsuit recovers arrears with interest, the future benefits as a lump sum or a declaration, and damages for bad faith where the handling deserved it. Every policy offsets CPP disability, and a CPP approval helps the claim.

The Limitation Statute Differs by Province

The limitation statute is different in each: two years from discovery is the general rule in New Brunswick and Nova Scotia, but an action on the policy can be barred one year after proof of claim is furnished or six years after the event, whichever first expires, in New Brunswick, Nova Scotia and Prince Edward Island, depending on how the policy is classified. In Newfoundland and Labrador a group policy is generally subject to the six-year period and a non-group policy can carry a one-year condition. Workers’ compensation offsets run through WorkSafeNB, WCB Nova Scotia, WCB PEI and WorkplaceNL. The court is the Court of King’s Bench, the Supreme Court of Nova Scotia, the Supreme Court of Prince Edward Island or the Supreme Court of Newfoundland and Labrador.

The Firm Sues on the Policy in Each Province

On each file the firm obtains the full claim file from the insurer, the treating specialists’ reports and the CPP disability decision, then files the action in the superior court inside the shortest period that can apply.

Long-Term Disability Claims Differ by Province

• New Brunswick long-term disability lawyers
• Nova Scotia long-term disability lawyers
• PEI long-term disability lawyers
• Newfoundland long-term disability lawyers

Should I Appeal to the Insurer First?

Only with new medical evidence and only if time remains. An appeal without new evidence is delay that costs you and not the insurer.

I Was Let Go While on LTD.

The employment claim is separate from the policy claim. The settlement terms need to be assessed together so that settling one does not release the other.

Is the Settlement Taxable?

If the employer paid any part of the premium, benefits are taxable income and the settlement is structured for it. If you paid the whole premium, they are not.

Read the firm’s long-term disability claims guide and the CPP disability decision.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves, and the firm carries the records and expert costs through the life of the claim. Contact the firm, or read what the firm can do.